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HomeMy WebLinkAboutcc min 1995/01/24MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF C!IULA VISTA Tuesday, January 24, 1995 6:05 p.m. CALL TO ORDER Council Chambers Public Services Building ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Councilmembers Fox, Moot, Rindone, and Mayor Horton Councilmember Padilia (excused) John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki C. Soderquist, Deputy City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG~ SILENT PRAYER 3. APPROVAL OF MINUTES: January 4, 1995 (Special Meeting), January 17, 1995 (Special Meeting), and January 17, 1995 MSC (Rindone/Moot) to approve the minutes of January 4, 1995 (Special Meeting), January 17, 1995 (Special Meeting), and January 17, 1995 as presented. Approved 4-0-1 with Padilia absent. 4. SPEC1AL ORDERS OF THE DAY: an. Mayor Horton announced that tbrmer mayor Greg Cox had been appointed to fill the vacancy on the San Diego County Board of Supervisors. a. Introduction of Mickey Mouse - Mickey was introdoced by Steve Collins representing Cox Cable San Diego. Mr. Collins informed the Council that Cox Cable would make the Disney Channel a part of their basic service. b. Clean Water Program Presentation - The presentation was made by Dave Schlesinger, Director, City of San Diego. Mr. Schlesinger updated Council on the status of the waiver application of secondary treatment. The reclamation elements of the waiver require that the City of San Diego institute a water reclamation program. The North City plant was under construction and would be complete in 1997. The San Diego City Council recently approved the concept of a South Bay reclamation plant which would be constructed near the international treatment plant on Derrymart Road and would be operational in 2001. The waiver would be submitted in April 1995 with federal review within one year. After the tentative approval a series of public hearings would be held and would take 4-6 months. They believed the waiver would begin in January 1997. The cost savings to the mtepayers was between $1.7 - $3.2 billion. Mayor Horton questioned if the City of San Diego was being pro-active in trying to get an exemption now that the area had an advanced primary treatment system. Mr. Schlesinger responded that they believed the scientific evidence presented in the waiver would be the foundation for a total exemption from the Clean Water Act. There was no current legislatkm being processed to do that, but he anticipated it would be an issue in the future. One of the aspects of the waiver and part of the process in getting the legislation invoked was a commitment to reclamation. Mayor Horton stated if the area had until 2010 to accommodate the Clean Water provisions, why were they proceeding now when they might be able to get an exemption. Mr. Schlesinger responded that they believed reclamation made economic sense in the region. An economically viable reclamation program was required to supplant the limited water supplies in the region. The waiver would Minutes January 24, 1995 Page 2 only be for five years, they would not be required to built-out the total reclamation capacity in the five years. It was possible legislation may be initiated fnr a total exemption, but 2010 was the date that the City would have to achieve the 45 million gallons. The North City plant was to relieve the capacity on Point Loma and was under way before the legislative waiver was received. They scaled down the reclamation requirements at the North City plant so they could build a facility that made economic sense. They were on the verge of turning waste water into potable water and the plant would be the first element in doing that. Mayor Holton stated it was her understanding that in the City's current contract, if San Diego went forward and built the reclamation plant Chula Vista would not be bound to the cost of those facilities. She had been told that the City of San Diego would be trying to bill the cities for that cost within the next several weeks. There was no benefit to the users in the South Bay or East County frum the facility. Mr. Schlesinger responded that the Mayor was entering into legal issues that had been discussed with the City Attorney. All of the participating agencies had stated the waiver had to be obtained. That was the consistent theme for several years. Whether water reclamation was a direct benefit to everyone in the region, an argument could be made that anything that could be done to help snpplant the entire regions water supply, and help lower rates in the future, was a decided benefit to everyone. The bills were going to be sent out as their attorneys believed they had a strong legal case that as of 10/31/94 the cost of reclamation could be passed to the participating agencies. Mayor Horton stated the Council was concerned it could raise the rates between $10-$15 per month. She questioned why the facility would be built if the system had until 2010 and there was a possibility the facility would not be required. Mr. Schlesinger responded there was a difl~rence of legal opinions. It was a capacity issue as well as a reclamation issue. The North City plant was well underway be/~re the waiver legislation was approved. The fact that there was a major plant underway was an important consideration in Washington in allowing them to apply for the waiver. Councilmember Rindone questioned the estimate of increase and if the cost of the new system would be apportioned by flow or capacity. Mr. Schlesinger responded that information regarding the costs for FY 1995-96 was given to staff and how that was allocated between the users, including taking care of the City's own municipal sewer system would be best addressed by the City. He would be asking the City of San Diego lbr a 6% rate increase in FY 1996 to pay for San Diego's proportionate cost of the Metro System. The costs wonld be apportioned by flow. Mayor Horton questioned if the City built its own reclamation plant if they would then be obligated to pay for the North City plant. Mr. Schlesinger replied they did not want to be in a competing business. He did not understand why the City would want to build their own reclamation plant when they had capacity in the existing system. That question had never been discussed. MS (Fox/Rindone) to refer the issue of the waiver application to staff fnr a report and recommendation on what Chula Vista's position should be. Mayor Horton questioned what would be included in the fair share versus contract price. Mr. Schlesinger responded the City's FY 1994 bill was $4.05 million and the new bill was anticipated to be approximately $6.351 million. Mayor Golding had directed that reclamation costs be waived subsequent to the presidential signing of the waiver legislation on October 31st. The City would be billed on water reclamation from 10/31/94 forward plus the amalgamated costs, i.e. a combination of everything else. There were also issues of front funding costs. They had borrowed $250 million and anticipated debt issuance of about $1 billion if they won the court case and waiver issues. It would be about a $1.4 billion program on the sewer side. The water reclamation side, including the distribution system, would be approximately $100 million but they only billed on the sewer. VOTE ON MOTION: approved 4-0-1 with Padilia ubsent. Minutes January 24, 1995 Page 3 c. Introduction of Judy Welty, Downtnwn Manager. Jim Fergus, President of the Downtown Business Association, introduced Judy Welty, the new Downtown Manager. CONSENT CALENDAR (Items pulled: 8B) BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. 5. VVRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken from the Closed Session of 1/17/95. It is recommended that the letter be received and filed. b. Letter of r~ignation from the Growth Management Oversight Commission - John A. Willett, 97 Montebello St., Chula Vista, CA 91910. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. c. Letter of resignation from the Cultural Arts Connnission - Jorge F. Castillo, 237 San Miguel Dr., Chula Vista, CA 91911. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. 6. RESOLUTION 17790 AUTHORIZING TltE PURCHASE OF POLICE PATROL VEHICLES ON COOPERATIVE BID - The Fiscal Year 1994/95 equipment replacement budget provides for the purchase of 13 Police patrol vehicles. Resolution 6132 authorizes the City to participate in a cooperative bid with other governmental agencies. Staff recommends approval of the resolution. (Director of Finance, Director of Public Works and Chief of Police) 7.A. RESOLUTION 17791 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 1 UNIT 4 - On 1/19/93, Council approved the Tentative Subdivision Map tbr Tract 93-03, Telegraph Canyon Estates. The 10th, llth and 12th final maps for .said tentative map are now beti3re Council tbr approval. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 17792 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 2 UNIT 4 C. RESOLUTION 17793 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 93-03, TELEGRAPH CANYON ESTATES NEIGHBORHOOD 3 UNIT 8 8.A. RESOLUTION 17794 APPROVING AND AUTttORIZING THE MAYOR TO EXECUTE AN AGREEMENT, 1N A FINAL FORM APPROVED BY TIlE CITY ATTORNEY, WITH THE UNIVERSITY OF PHOENIX FOR RENTAL OF PRlVATE OFFICE AND CONFERENCE ROOM SPACE IN THE CHULA VISTA TELECENTER - Council approved the opening of two telecenters, one in downtown Chula Vista and one at East 'H" Street and Otay Lakes Road. As part or' the telecenter operations, Council approved development of private/public partnerships with the aim of making the telecenters self-sufficient after a period of three years. Staff recommends approval of the resolutions. (Environmental Resource Manager) B. RESOLUTION 17795 GRANTING STAFF AUTI!ORIZATION, SUBJECT TO APPROVAL OF THE CITY MANAGER AND CITY ATTORNEY, TO EXECUTE MINOR AGREEMENT IN CONNECTION WITH OPERATIONS AND RENTAL SPACE OF TELECENTER IN ACCORDANCE WITH PREVIOUSLY APPROVED TELECENTER PLANS Pulled from the Cunseot Calendar Minutes January 24, 1995 Page 4 Councilmember Rindone stated the $25,000 financial cap seemed high and questioned how staff arrived at that figure. Barbara Bamburger, Environmental Resources Manager, replied that the cap had been established to expedite rental agreements and to get individual partnerships into the telecenter. Councilmember Rindone stated he concorred with the staff report and did not want to get into micro-managing the rental units but felt a cap of $15,000 would still accomplish stal'f's objectives. RESOLUTION 17795 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, resolution to be mended to include a $15,000 CAP. Apprnved 4-0-1 with Padilia absent. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. PUBLIC HEARING PCM-95-06 - CONSIDERATION OF A PROPOSAL TO ESTABLISH A HIGH TECH/BIO TECH ZONE; CREATE A CITY COUNCIL SUBCOMMITTEE TO GOVERN CERTAIN MATTERS WITHIN THE HIGH TECH/BIO TECH ZONE OF THE CITY; AMEND THE EASTLAKE PLANNED COMMUNITY DISTRICT REGULATIONS - CITY INITIATED - The proposal is to officially implement previously approved project processing streamlining measures within the EastLake Business Center and EastLake Planned Community, Staff recommends Cooncil place the ordinances on first reading. (Director of Planning) A. ORDINANCE 262I CREATING A HIGH TECH/BIO TECH ZONE, CREATING A SUBCOMMITTEE TO GOVERN CERTAIN MATTERS WITHIN THE HIGH TECH/BIO TECH ZONE OF THE CITY, AND DELEGATING CERTAIN AUTHORITY TO SAID SUBCOMMITTEE {first reading) B. ORDINANCE 2622 APPROVING AMENDMENTS TO THE EASTLAKE PLANNED COMMUNITY DISTRICT REGULATIONS AND ADOPTING NEGATIVE DECLARATION ON IS-95-11 {first reading) Robert Leiter, Director of Planning, informed Council that corrected Planning Commission minutes had been placed on the dias. Cheryl Dye, Economic Development Manager, reviewed the overall high tech/bio tech program. Councilmember Fox questioned if projects requiring an EIR would be processed within the 60 days. Mr. Leiter replied that if a prqject required a negative declaration or mitigated declaration they felt it could be processed within the 60 day time frame. Only if an EIR was required would the 60 days be exceeded. Councilmember Fox questioned the procedures for companies that dealt with radio active and toxic materials. Mr. Leiter responded through the one stop early assistance program a preliminary meeting would be set up with the agencies regulating those issues. During that time those agencies would identify their permitting processes and would clarify the nature of the proposal and impacts it could have. That information would be used by the City to determine whether any studies other than a negative declaration would be required. At the same time the applicant would receive the applications for the permits from those agencies. The timing of the issuance of the permits from outside agencies was not within the City's control. Councilmember Fox questioned the proximity of private residences to the proposed location. Mr. Leiter replied that the closest residences were in the EastLake Greens development and if they fell within the radius of any business park site they would receive public hearing notices and notices of any studies being performed Minutes January 24, 1995 Page 5 on projects. He felt any project in the first phase would require a negative declaration. In the future the process could be streamlined by doing a master environmental impact report for phase two of the business park. Councilmember Fox questioned the functions of the subcommittee. Mr. Leiter responded that the subcommittee would be reviewing any project that required a discretionary approval from either the Planning Commission or the Design Review Committee. Under the proposed changes in the ordinance, staff was recommending that certain uses that were previously considered conditional uses be made permitted uses by right. If a project was permitted by right it would not require subcommittee approval. Under design review there were certain categories or projects that could be approved at a staff level. The ordinance also gave the subcommittee certain financial incentives and the specifics of those would be brought back to Council. If a conditional use permit was required the subconm'dttee would hold a public hearing and make a recommendation to Council for a final decision along with any design review action. Councilmember Rindone questioned whether the Planning Commission was a Charter Commission. Mr. Boogaard responded that it was, but was delegated its attthority by the City Council. It was permissible to withdraw authority from it. Councilmember Rindone stated staff referred to "targeted businesses" and questioned if there was a definition as to what businesses would qualify, i.e. size and type of business. Ms. Dye replied they did not have a defined criteria Ii~r the companies. The Issue Paper had defined high techPoio tech companies by categories in general. The intent of the project was to evaluate the companies on a case-by-case basis. Councilmember Rindone stated he was very uncomfortable with the lack of definition of who would qualify for the program. Council was discussing a major shill in reviewing procedures and offering incentives. He felt the proposed project, goals, and design were commendable and he still supported it, but he was concerned that there was a lack of clarity on the requirements for the program. He questioned when the subcommittee was first proposed. Mayor Horton responded that it was included when she presented the concept and had been included in all information since. Councilmember Rindone was concerned on the governance issue of the subcommittee. When there was a governance body of five officials and a subcommittee was established and two members served on the subcommittee all it necessitated was one of the remaining three members to support it and it was a done deal without a complete review by the entire governing body. He was supportive of a subcommittee, but not exclusively made up of two government officials. The Brown Act now required that all provisions that used to apply to the full elected body now applied to all council subcommittees. He felt a subcommittee was beneficial and recommended that it have one elected official and the chair of either the Planning Commission or the Design Review Commission. Rather than being a council subcommittee it could be a Mayor's Blue Ribbon Committee. He was opposed to the establishment of any new council subcommittees of two or more councihnembers. On page 9-6 it referred to the incentive of the City offering a land write-down to targeted companies. He questioned if some of those benefits could result in recommendations to Council for higher densities. Mr. Leiter responded that discussions with EastLake had not addressed density increases specifically. There had been discussion about changes to the plan lbr EastLake III and issues such as transfer of densities or adjustment of soma of the public facilities requirements. Councilmember Rindone stated he wanted to see those types of businesses/industries and resulting jobs brought to the City. He questioned what incentives could be offered to be competitive. Ms. Dye replied there would be a comprehensive package of items, i.e. 108 loan guarantee, land discounts, seeding the park with the bio-share facility that would bring additional spin-off manufacturers, fast tracking, guaranteed Minutes January 24, 1995 Page 6 water supply, etc. Land cost was a large gap and staff was trying to see how the City could partner with EastLake in a way that did not require the City to dip into the general fund, but through trade-offs or a development agreement type of approach offer some values to EastLake that wonld in turn allow the City to offer incentives to the businesses. Councilmember Rindone wanted staff to lbcus on a definition of businesses that would qualify. The incentive packages needed to be designed without increasing densities. He could not support a subcommittee of two elected officials. He would support a subcommittee chaired by an elected officials with representatives from the Planning Commission and/or Design Review Commission and if necessary, a member of the Economic Development Commission. Mr. Leiter stated for purposes of qualif~,ing lbr subcommittee review there was a definition which indicated that qualifying businesses had to be a high technology, biotechnical, or bio-medical use as defined in the Planned Community District Regulations. Staff would develop a more detailed definition for the economic incentives. There were certain cases, i.e. conditional use permit cases and design review cases that were final at the Planning Commission or Design Review Committee, unless appealed. The ordinance was structured so that those actions would be final at the subcommittee level unless appealed. Staff would notify the full Council of any action taken by the subcommittee and the Council would then have the authority to appeal any items they wished to consider. This being the time and place as advertised, the public hearing was declared open. · Rod Davis, 233 Fourth Avenue. Chula Vista, CA, representing the Chamber of Commerce, stated the City image was changing due to leadership and programs snch as the one proposed. The Chamber supported the project and felt fast tracking was an important part. They also f~lt the definitions needed to be somewhat vague and the final decision on companies would be with the Council. · Patty Davis, 1375-17 Calle Jon Montefrio, Chula Vista, CA, Chair of the Economic Development Commission, stated their priority list for 1993-94 and 1994-95 included the high tech/bio tech zone. The City needed the plan just to stay even with other cities in San Diego County and to attract needed jobs. She felt the presence of two councilmembers on the subcmnmittee would say to businesses that the City was serious, we wanted them, locate here. · Bruce Carlin, P. O. Box 83848, San Diego, CA, representing Bio Share, Inc., states./they plannes./on establishing a regional bioprocessing center in the high tech/bio tech zone. The seed for the bioprocessing center would be Bio Share, a contract mannfacturing facility that would produce pharmaceuticals using bin technology for human clinical trials. No similar facility existed in the planning stages or otherwise in the western United States. Given the size of the local bin technology industry, i.e. 600 companies in California alone, they believed it was feasible to establish a regional bioprocessing center in Chula Vista. He then read a letter from Cancer Research, Inc. in San Diego in support of Bio Share. Councilmember Rindone requested further information on what would be manufactured and how close they were in the work plan. Mr. Carlin replied they would be producing proteins peptides and nucleotides, i.e. small molecules which were products for human use. They hopes./to have the facility operational in 2 1/2 years. The contract facility would employ around 35 - 50 employees. Under maximum utilization they would operate 24 hours a day/7 days a week. The spin-off dedicated facilities could employ hundreds of people. ® William C. Tuchscher, 3633 Bonita Verde Drive, Bonita, CA, Member of the Economic Development Commission and High Tech/Bio Tech Steering Committee, stated the EDC had adopted the program as a priority project in 1993. They were not trying to compete with Torrey Pines/Sorrento Valley area but taking advantage of a transitional period for the industry. An important element was the elimination of duplicative city regulations where federal and state regulations would suffice. The reason EastLake had been defined was because they had stringent design guidelines and was a relatively small area. Generally, projects in EastLake did not go before the Planning Commission, but before EastLake Zone Design Review Committee and City Design Review Committee and would be decides./upon administratively. He assumed that projects that did not fit within that would have added Minutes January 24, 1995 Page 7 scrutiny and probably would not fit within the zone or incentive program. If they had to compete only on land costs they would never have a company locate, expand, or grow here. The City needed to ofti~r incentives in many other ways and an important element was time. They were trying to eliminate the unpredictability of the approval process which existed in most cities in Califomia. The concept was very progressive and he was proud to be a part of it. Councilmember Moot questioned the make-up of the committee and whether proposed action had been discussed by the Planning Commission. Mr. Tuchscher replied there had been unanimous support from the Planning Commission for the staff recommendation. There were discussions about the subcommittee and having the subcommittee by-pass the Commission. One Commissioner had recommended that a Planning Commissioner be on the subcommittee along with two Councilmembers. Them being no further public testimony, the public hearing was declared closed. Councilmember Moot felt it was an idea whose time had come. He had reviewed the proposal at the Planning Commission level and had also been briefed by staff as a Councilmember. Ceuncil was not voting on waiving any state or federal regulations regarding public safety or on what incentives would or would not be provided. Action by Council would be the first step to create the zone and structure. He t~lt there would be hard decisions in April and he would look for advance notice with an inlbrmation packet distributed to the community when the issue was brought back to Council. He felt it would be helpful to have the chair of the Planning Commission as one of three members on the subcommittee. He recommended that the Mayor chair the subcommittee with one Councilmember that would rotate yearly. That would prevent any one Councilmember from being over exposed or over committed to a particular project. Councilmember Fox agreed with Ms. Davis regarding two Councilmen~bers serving on the subcommittee, i.e. that it would show that the City meant business and would add an element of importance to the subcommittee. He would go along with the addition of one member to the subcommittee, i.e. a Planning Commission representative. Councilmember Rindone felt the high tech/bio tech zone needed to be created and he did not have a problem with that. The creation of the subcommittee was good because the puq~ose was to facilitate the fast tracking and assure interested businesses that the City was serious. He recommended it be called the Mayor's Blue Ribbon Committee, chaired by the Mayor, and have the current chair of the Planning Commission and the third member the chair of the Design Review Commission or the Economic Development Colnmission. ORDINANCES 2621 AND 2622 PLACED ON FIRST READING BY COUNCILMEMBER RINDONE, with the subcomruittee to be comprised uf three members, chaired by the Mayor of Chula Vista, the chair of the Planning Commission, and the chair of the Economic Development Commission. Motion died for lack of second. Mayor Horton stated a company wanted to feel that the people they were dealing with were the decision makers. She also understood Councilmember Rindone's position regarding the Brown Act. She did not have a problem in adding one member of the Planning Commission and, theretbre, have a three member subcommittee. Councilmember Moot suggested that anytime a member rotated off that it be at a logical point and in consideration of a project. MS (Moot/Horton) to place ordinance 2621 and 2622 un first reading; amend the ordinance to provide a subcommittee consisting of a permanent member being the Mayer ef the City of Chula Vista and another meraber of the City Council that would rutate on a yearly basis, to rotate off not in the middle of any particular project and, the third member would be the chair of the Chula Vista Planning Commission. Councilmember Rindone stated he would have to vote no becanse it was an issue of governance. He did not want his no vote to be taken as opposition of the establishment of the high tech/bio tech zone. He requested that the issue be bifurcated. The critical issue was that the subcommittee should be chaired by the Mayor with issues brought back to the full Council. Minutes January 24, 1995 Page 8 Mr. Boogaard recommended that the ordinance 2621 be offi~red with Sections 2, 3, and 4 removed. Ordinance 2621 should then be re-offered with the amended subcommittee. AMENDMENT TO MOTION: (Mout/Hurtnn) to place ordinance 2621 on first reading with only Section 1 included. VOTE ON MOTION AS AMENDED: approved 4-0-1 with Padilia absent. ORDINANCE 2621 (WITH ALL SECTIONS INCLUDED) AND 2622 PLACED ON FIRST READING BY COUNCILMEMBER MOOT, amend ordinance 2621 to provide a subcommittee consisting of a permanent member being the Mayor of the City of Chula Vista and another member of the City Council that would rotate on a yearly basis, to rotate off not in the middle of any particular project and the third member would be the chair of the Chula Vista Planning Commission. Approved 3-1-1 with Rindone opposed and Padilia absent. 10. PUBLIC HEARING PCC-95-16; REQUEST TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY ON THE SITE OF THE OTAY WATER DISTRICT WATER TANK, LOCATED AT THE EASTERLY TERMINUS OF GOTHAM STREET - AIRTOUCH CELLULAR - AirTouch Cellular is requesting permission to construct an unmanned cellular communications facility at the southwest corner of the water tank parcel located at the easterly terminus of Gotham Street. Staff recommends approval of the resolution. (Director of Planning) Continued from the meeting of 1/17/95. RESOLUTION 17796 GRANThNG A CONDITIONAL USE PERMIT, PCC-95-16, TO AIRTOUCH CELLULAR TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT THE EASTERLY TERMINUS OF GOTHAM STREET Martin Miller. Associate Planner, reviewed the prqiect. Mrs. Jean Wheeler had raised several issues at the Planning Commission heating. She was concerned over electromagnetic fields, co-locating cellular facilities away from residential areas, and the negative visual impact on her view to the southeast ti'om her home. Based on evaluation, staff continued to recommend Council approval of the project subject to the draft Council resolution. Mayor Hotton questioned if there were other areas that could accommodate the facility. Mr. Miller stated it was his understanding that they had reviewed other areas. All the other locations required monopoles which were more visible. Mayor Hotton stated in her opinion there would be a negative visual impact from the facility in a residential neighborhood. She questioned if it would impact future development. Mr. Miller stated the antenna was higher than the water tank. Landscaping would be required to soften any impact. This being the time and place as advertised, the public hearing was declared open. · Jeanne Wheeler, 2005 Gotham Street, Chula Vista, CA, objected to the project due to the visual impact on her home. She informed Council that the water company had not landscaped the water tank area and she expressed her concern with compliance of the landscaping requirements. Their CC&R's restricted antennas, satellite dishes, and clotheslines yet the Planning Commission wanted Council to approve the same type of project 300 ft. from her front door. She did not believe such a prqiect belonged in a residential neighborhood. She noted the City had located the maintenance yard in an area away from residential development and he questioned if the City could provide property for such facilities. She expressed concern regarding the harmful affects of such a facility. The Cityneeded established land use plans for siting of such facilities. She questioned whether they could be co-located with radio and television facilities. · Susan K. Lay, SB&O Inc., 3615 Kearny Villa Road, Suite 201, San Diego, CA, representing AirTouch Cellular, stated they tried very hard to co-locate their facilities with existing sites. Water tank sites were preferred Minutes January 24, 1995 Page 9 because they were in high places and Cellular communications required line-of-site connections which required height. They would screen the antennas and landscape around the facility. On water tank sites they usually had more land than normal and were able to pull the facility away ti'om the property line and homes. · Kevin McGee, 5355 Mira Sorento Place, San Diego, CA, representing AirTouch Cellular, stated they proposed landscaping all the way around the building to screen the facility. The proposed site would be their fourth in Chula Vista. He felt the City did have a process in place tbr the review of such a facility and that was before Council on a case by case basis. Cellular communication operated on a very low power/low frequency and they abided by the American National Standards Institute standards specifically tbr radio frequencies. The technologies for cellular was much different than radio and television. Radio and television operated at a much higher power and only needed one facility. Mayor Horton questioned if the screening materials used would be large enough to cover the facility. Mr. McGee responded that depended on the species of the plants used and size initially used. They wanted to be a good neighbor and work with those concerned. Mayor Hotton questioned if they paid fees to other cities/br placing the thcility within their city limits. Ms. Lay felt the Mayor was referring to franchise l~es that the cable companies and other utilities were required to pay cities. At the moment that was not required of the cellular telephone companies. There were no PUC requirements on franchise agreements. Councilmember Fox questioned if the CUP was granted and another company wanted to co-locate on site if they would also be required to go through the CUP process. Mr. Miller responded they would. · Rod Raddin, 1995 Gotham, Chula Vista, CA, stated escrow on their home had closed on 1/4/95. He had not been notified about the facility and was unaware of what the impact would be on his home. He requested more time to research what the impact would be. A lot between the Wheeler home and his home was also for sale by the water company. He questioned if they could add more units without public review and did not feel it was a residential type of use. The current area was not landscaped and he had been told that the water company did not want trees planted over their lines. · Edward Bancroft, 1976 Gotham Street, Chula Vista, CA, stated the house that used to be at the right of Mrs. Wheeler was raised because "the water company could not have a low water line run underneath the house and have to worry about the other stuff that had to go along with it". The water line would be fight under the proposed facility and he questioned how they would be able tu landscape. He questioned if Councilmembers would want it built in their front yard. · Tim O'Grady, 11975 El Camino Real, San Diego, CA, representing The Baldwin Company, questioned if there was a visual impact to their future lots. If Council approved the siting of the facility he requested that material of adequate size be conditioned to screen the facility. He stated the water district had another facility at a higher elevation behind the Salt Creek development and question~.d if that alternative was studied. Ms. Lay responded that she was not hmiliar with the Salt Creek fi~cility but t~lt it could be out of the range the new antenna was needed in. It was true that on the major water authority easements there were restrictions on buildings, but their building was just outside the major water line casement and, therefore, they were capable of putting in landscaping. · Douglas Parker, 1960 Gotham Street, Chula Vista, CA, stated the t~tcility would not impact his home. He questioned whether the City had zoning regulations ti>r the siting of such thcilities so they did not have to go through the same process every time someone wanted to bring in such a hcility. The City should be proactive. He expressed concern regarding the landscaping of the facility. Minutes January 24, 1995 Page I0 · Suzanne Matthews, 816 Lehigh, Chula Vista, CA, questioned whether there would be a noise impact due to the air conditioners on the facility. Mr. McGee stated there were two air conditioning units bot they were on the east side of the building and the residences were on the west side. There being no further public testimony, the public hearing was closed. Mayor Horton questioned whether the noise impacts had been analyzed. Mr. Miller replied that there was no environmental review. It was determined that it was categorically exempt because noise was not an issue that would warrant any type of study. Mayor Horton felt noise was an issue that staff needed to look into. Robert Leiter, Director of Planning, stated the sitoation would be similar to homes with air conditioning units. They could be sited away from the homes and at the base of the building so the noise impact would not be any greater than a residential unit. Council could direct staff to evaluate that when the conditional use permit was issued and to ensure that the noise impact was no greater than a single family home. Councilmember Fox referred to the regional study being done by SANDAG and questioned when the study would be done. Mr. Leiter responded that staff would be requesting that SANDAG initiate that study and it would be about a six month study. Because of the way cellular phone technology was developing other firms would be entering the business and staff wanted a handle on the total number of facilities to expect in the City and region. Councilmember Fox stated Council was being asked to site facilities without a policy. He also had a problem in siting the facilities in residential areas. He felt at the least, SANDAG should recommend as policy that cities discourage the siting of the facilities in residential areas. He was not convinced that all the alternatives had been reviewed. He could not support the granting of the CUP. Mr. Leiter stated there were two ownerships, i.e. the County Water Authority that had the pipeline and had a restriction regarding landscaping and the Otay Water District which owned the tank site. Apparently there was no restriction on landscaping of that site. The City did not have direct zoning controls or regulatory authority over the water district, but staff could pursue with them the cleaning up and landscaping of the site. Councilmember Moot stated after reading the Planning Commission minutes he felt the site could be put up and landscaped and have it visually blend in. The bigger problem was with what the water district had let happen to their site. They were an elective body and he encooraged the residents to take their concerns to the water district. RESOLUTION 17796 OFFERED BY COUNCILMEMBER MOOT, reading of the text was waived. Mayor Horton stated she would vote against the resolution as she had voted against the project when it came before Council in the past due to visual problems created in a residential area. Councilmember Rindone questioned what would be the best alternative site if the request was not approved and if the high school site was too low. Mr. Leiter raplied the other water district site would have to be evaluated. Staff did not have a siting analysis and would have to work with AirTouch. He did not know if that site had been evaluated. Mr. McGee stated that site had been evaluated and a monopole would be required. AirTouch had evaluated four sites within the City and all would require a 70 - 100 ft. monopole. If it was the desire of the Council the item could be continued for morn information on the alternatives. Minutes January 24, 1995 Page 11 SUBSTITUTE MOTION: (Rindone/ilorton) to continue the item fi~r three weeks for more information on the alternatives. Approved 4-0-1 with Padilia absent. 11. PUBLIC HEARING PCS-95-02 - TENTATIVE SUBDIVISION MAP FOR PARCEL R-15, TRACT 95-02, WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY - WESTERN SALT COMPANY - The proposed is to subdivide 11.9 acres of land into 68 lots: 64 single-family residential lots, three open space lots, and one golf course view corridor lot. The prqiect site is located on the east side of South Greensview Drive, approximately 300 feet south of Clubhouse Drive, within the EastLake Greens Planned Community. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17797 APPROVING AND IIHPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR UNIT 15 AT EASTLAKE SOUTH GREENS, TRACT 95-02, MAKING THE NECESSARY FINDINGS AND READOPTING TltE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR IS-94-19 This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public heating was closed. RESOLUTION 17797 OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Padilla absent. 12. PUBLIC HEARING CONSIDERATION TO DETACH FRO1H OPEN SPACE DISTRICT NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 TIIOSE TERRITORIES WITHIN OPEN SPACE NUMBER 20, TO BE EFFECTIVE FISCAL YEAR 1995/96 - The open space maintenance district that was created for the Rancho del Rey development overlapped two existing open space districts. This action will eliminate the overlap and was requested by Rancho del Rey Investors so that the ultimate property owners will only have one open space district on their disclosure statement and tax bill. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 1/17/95. RESOLUTION 17788 ORDERING TIlE DETACHMENT FROM OPEN SPACE DISTRICT NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 TIlOSE TERRITORIES WITHIN OPEN SPACE NUMBER 20; TO BE EFFECTIVE FISCAL YEAR 1995/96 Mayor Horton stated the public hearing had been continue for one week so Councilmember Padilia would be present because Councilmembers Fox and Moot had a conflict of interest. Mayor Horton ordered the public hearing continued to February 14, 1995. ORAL COMMUNICATIONS None BOARD AND COMMISSION RECOMMENDATIONS 13. RESOLUTION 17798 ACCEPTING THE ECONOMIC DEVELOPMENT COMMISSION (EDC) AND WORKFORCE DEVELOPMENT TEAM (WDT) PROGRESS REPORTS AND APPROVING, IN CONCEPT, THE ECONOMIC DEVELOPMENT COMMISSION'S NEW FISCAL YEAR 1994/95 GOALS]PRIORITY PROJECTS AND ENHANCED MARKETING PLAN -The Economic Development Commission is providing its quarterly report. Staff recommends approval of the resolution. (Chair, Economic Development Commission) Minutes January 24, 1995 Page 12 · Patty Davis, 1375-17 Calle Jon Montefrio. Chola Vista, CA, Chair of the Economic Development Commission, reported on the 1994/95 priorities. She presented the Employers Workforce Development Resource Guide and the Chula Vista Business Resource Guide. · William Tuchscher, 3633 Bonita Verde Drive, Bonita, CA, Past Chair of the Economic Development Commission, reported on the 1993/94 priorities and accomplishments. · Linda Blair Forth, Chair of the Work Force Development Team, reviewed the Workforce Development Team three year plan and accomplishments. RESOLUTION 17798 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4.0-1 with Padilia absent. ACTION ITEMS 14. RESOLUTION 17778 RE-APPROPRIATING $165,000 FROM STL-221, THE 1994/95 PAVEMENT OVERLAY PROJECT, TO STL-206, THE 1993/94 PAVEMENT OVERLAY PROJECT - The 1993/94 overlay project was the largest overlay program done in the City's history. The contract was awarded to Sim J. Harris Company in the amount of $1,457,132. Due to two major thctors that combined to increase the contract, there was a cost over mn and additional funds have to be appropriated. Staff recommends approval of the resolution. (Director of Public Works) 4/Sth's vote required. Continued from the meeting of 1/17/95. RESOLUTION 17778 OFFERED BY MAYOR HORTON, reading of the text was waived, passed and approved 4-0-1 with Padilia absent. 15. REPORT given by staff. UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be George Krempl, Deputy City Manager, stated the County Board of Supervisors and Solid Waste Authority eliminated the differential tip fee between jurisdictions, established a unitbrm $55/ton effective 2/1/95, indicated their commitment to keep the Otay Landfill open to everyone, and to take whatever it took by way of capital expenditures to achieve that. They also seemed to be facing the need to be competitive and to come to some closure to the NCRRA facility. Staff would return 2/7/95 with an overall report on solid waste, i.e. current standing, how much spent, options, etc. and request fi~rther direction and reaffirmation of past direction. Staff would also bring forward the City of San Diego contract, but probably would not recommend implementation. Staff would also be requesting that the status of negotiations on a transl~r station site be discussed in Closed Session. Councilmember Rindone stated he had discussed the contract with San Diego with staff and staff may not recommend that to Council because of the changing nature of the issue. It was important for Council to be appraised that staff would continue to work with the City of San Diego on the agreement. Even if the contract was not ratified he wanted to continue to ensure that there was a good working relationship with the City of San Diego. 16. REPORT by staff. UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given John Lippitt, Director of Public Works, stated the advisory group (public works directors and city attorneys) had been meeting on how to deal with the billing issue. Mayors in the region had also met to discuss the issue. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 8B. The minutes will reflect the published agenda order. Minutes January 24, 1995 Page 13 OTIIER BUSINESS 17. CITY MANAGER'S REPORT(S) a. Scheduling of meetings. City Manager Goss stated there would be no meeting on 1/31/95 because it was a fifth Tuesday. b. School crossing guards. City Manager Goss stated there was a misunderstanding as to whether the position would be continued. Them was a reduction approved in the budget fer the Rohr crossing guard but the budget for the crossing guard at "J" Street and I-5 was not recommended to be changed, nor was it changed. The Police Department was exploring with the school district the possibility of the elementary school district picking up some or all of the costs. Them was no intention to eliminate the position or funding during the present school year and it would be reviewed again during the budget process. Councilmember Fox stated he had been contacted by the elementary schot~l principal requesting that they be kept informed as to what would be done fer the next school year. 18. MAYOR'S REPORT(S) a. Ratification of appointments: Cultural Arts Commission - Amira Walker; Safety Commission - Douglas E. Cochrane. MSC (Horton/Rindnne) to ratify the appointments of: Cultural Arts Commission - Amira Walker; Safety Commission - Douglas E. Cochrane. Appreved 4-0-1 with Padillu absent. b. Consideration of visitation to Odawara, Japan on 4/29/95 thru 5/6/95. Continued from the meeting of 1/17/95. Mr. Goss reviewed the staff report regarding prior travel by mayors/councilmembers to sister cities, the International Friendship Commission recommendation, and possible funding sources. · Suzanne Ramirez, 139 Fifth Avenue, Chula Vista, CA, Chair of the International Friendship Commission, stated the IFC had been asking the Mayor to commit to the trip for seme time. The IFC had passed the following motion, "IFC supported Mayor Horton leading the official sister city delegation to Odawara and that the 1FC supported the idea that the City had some responsibility for financial support li>r the trip". Mayor Horton requested clarification of the expenditure of City li~nds for past trips by fbrmer Mayor Nader, i.e. was the $300+ spent for the trip to Mexico the ti~ll airhre. Ms. Ramirez replied it was her understanding that it was the lilll airlitre and that his second trip was a honeymoon trip and less of an official trip. The IFC was willing to try and raise funds but did not have any fund raising mechanism in place at the current time. Costs fi>r airthre and lodging would be under $2,000. Councilmember Fox questioned if $2,000 was allocated from the Council travel account if there were other uses that would not be funded. Mayor Horton stated there were several mayor's conferences that she would need to attend and the travel budget also included opportunities for Councihnember travel. Councilmember Rindone felt it appropriate to charge the travel costs tn Conncil travt:l, but as Council approached the end of the fiscal year if there were other conferences or travel that Council l¥1t necessary, it should be brought back to Council for review. Therefore, he would support the IFC recommendatinn. MS (Fox/Rindone) to allocate up to $2,000 frem the Council travel account tu fund the Mayor's official trip to the Sister City Odawara, Japan. Minutes January 24, 1995 Page 14 Councilmember Moot stated he would support the motion as he felt there were possibilities that could economically benefit the City. He requested that the Mayor check in with the Port Commission regarding their interest in increasing trade in the Pacific Rim. VOTE ON MOTION: approved 4-0-1 with Padilia absent. c. Mayor Hotton requested that Council excuse Councilmember Padilla's absence due to illness. MSC (Rindone/Fox) to excuse Cnuncilmember Padilla's absence due to illness. Approved 4-0-1 with Padilia absent. d. Mayor Hotton requested that staff return to Council with a short report analyzing the City's special event projects, i.e. Cultural Arts Fair, Pride Fair, etc. The report is to include a cost benefit analysis, attendance, etc. 19. COUNCIL COMMENTS Councilmember Rindone a. Budget Process: (1) Eliminate practice of funding non-specific encumbrances from previous year's budget; and (2) Establish procedures for authorizing expenditures from Mayor/Council annual budget. Councilmember Rindone stated he was reviewing additional information and requested that the item be trailed to the meeting of 2/14/95. aa. Councilmember Rindone congratulated fbrmer Mayor Greg Cox tbr his appointment to the San Diego County Board of Supervisors. Councilmember Fox b. Introduction of "Reclaiming Our Streets." Referral to appropriate commission programs relating to street safety and speed watch and changes affecting existing and fittore neighborhoods as it relates to providing friendly pedestrian and bicycle access. Continued from the meeting uf 1/17/95. Councilmember Fox reviewed his proposal tier "Reclaiming Our Streets". He t~lt the older neighborhoods, especially on the west side, needed to be redefined. It would result in the friendly mix of pedestrians, bicycles, and automobiles. It would also help to revitalize neighborhoods that had deteriorated. The program highlights were: 1) Neighborhood Speed Watch Program; 2) Street Modifications; 3) Bicycle Safety and Maintenance Instruction for Children and Teens; and 4) Fareless Square. He hoped Chula Vista could take the lead in showing California that there was more to a neighborhood than cars and better ways of getting around than the automobile. He suggested that a temporary Council subcommittee be formed with staff assistance to take the concepts and return with more concrete proposals on implementation. Councilmember Rindone felt a lot of what was included in the proposal was included in the master plan of the Otay Ranch. Such a large referral could be diftlcult to prioritize and interface and he was reluctant in referring such a large project to staff and recommended that it be referred back to Councilmember Fox to select three to five key points that were not being done and the Council could focus on. Councilmember Fox stated he had reviewed the program and realized some of the things were being done for Otay Ranch but they were not being done on the ,,vest side of the City which he felt had been neglected. He had targeted four points of interest for Conncil review. Councilmember Moot questioned if Councilmember Fox was requesting refk:rral to a specific commission to review and return with a report. If referred to a commission that it would be applicable to the Safety Commission. Minutes January 24, 1995 Page 15 Councilmember Fox stated he did not have strong li~elings in that area. There were some commissions the program would be applicable to. A Council subcommittee could be tbrmed with sunset clauses. MSC (Foxalorton) to refer Portland Oregon's Reclaiming Our Street Program, in particular the four points of interest, 1) Neighborhood Speed Watch Program; 2) Street Modifications; 3) Bicycle Safety and Maintenance Instruction for Children and Teens; and 4) Fareless Square to the Safety Commission for their recommendation on how they could best be implemented in the City of Chula Vista. Approved 4-0-1 with Padilia absent. CLOSED SESSION Council recessed at 9:45 p.m., reconvened in Closed Session at 10:04 p.m., and reconvened at 10:21 p.m. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Govermnent Code Section 54956.9 ® Chula Vista and nine other cities vs. the County of San Diego regarding solid waste issues (trash litigation). · City of Chula Vista vs. the County of San Diego regarding approval of a major use permit tier Daley Rock Quarry. Anticipated litigation pursuant tu Governmeut Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1. · Daley Construction and Golden Eagle (qualilication of surety issues). CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 21. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken. AD.IOURNMENT ADJOURNMENT AT 10:22 P.M. to the Regular City Council Meeting on February 7, 1995 at 4:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency convened at 9:45 p.m. and adjourned at 10:04 p.m. by: Respectfillly submitted, BEVERLY A. AUTHELET, CMC, City Clerk icki C. Soderquist, De~v~C:ity Clerk